Couple injured in Uber accident can’t sue company because of Uber Eats order

A New Jersey couple who were seriously injured in a car accident during an Uber ride were unable to sue the company after a court ruled that they were bound by an arbitration agreement they signed when ordering from Uber Eats.

John McGinty and Georgia McGinty were involved in the accident in March 2022 when their Uber driver ran a red light and was struck by another vehicle. As a result of the collision, both suffered serious injuries, including multiple fractures for Georgia and permanent disability for John.

According to court documents, they suffered “severe physical, psychological and financial harm.”

Despite their injuries, the couple’s attempt to take Uber to court for a jury trial was denied. The ruling cited the terms and conditions, including a mandatory arbitration clause, of Uber’s services. This clause was accepted when the couple’s daughter placed a separate order on Uber Eats using Georgia’s phone. The court upheld the company’s argument that by agreeing to Uber’s terms during this transaction, the family had waived its right to pursue claims in court.

The couple argued that it was their underage daughter who used Georgia’s phone to accept Uber Eats’ terms of service by clicking a button that falsely confirmed she was over 18. However, the court concluded the arbitration agreement, which covers car accidents and personal injuries, was “valid and enforceable.”

In response, Uber told CNN that Georgia had “agreed to Uber’s terms of service, including the arbitration agreement, on multiple occasions” and even provided rides after agreeing.

“While the plaintiffs continue to tell the press that it was their daughter who ordered Uber Eats and accepted the terms of service, it is worth noting that in court they could only “guess” that this was the case, but could not remember whether “her daughter.” “They ordered food on their own or if Georgia helped,” CNN quoted a spokesman as saying.

The couple expressed disappointment in a statement, saying they were “surprised and heartbroken” at the verdict. “We are horrified by what the court’s decision suggests: a large corporation like Uber can avoid being taken to court by injured consumers because contractual texts that concern services that have nothing to do with the service agreement are hidden in a user agreement that is a dozen pages long “The cause has to do with consumer injuries,” CNN quoted the McGintys as saying.

Previously, a lower court said Uber’s arbitration clause was unenforceable, arguing that the terms of service pop-up did not inform Georgia that it was waiving its right to a jury trial. However, following an appeal by Uber, the appeals court overturned that decision and sided with the company.

The McGintys’ legal team is considering further steps. Her lawyers told CNN they will “likely” file a petition with the New Jersey Supreme Court.